How should dependent claims be formatted in a PCT application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Dependent claims in a PCT application should be formatted according to PCT Rule 6.4, as referenced in MPEP 1824:

  • Dependent claims should refer to other claim(s) at the beginning
  • They should state the additional features claimed
  • Multiple dependent claims should refer to other claims in the alternative only
  • Multiple dependent claims cannot serve as a basis for other multiple dependent claims

The MPEP states: “Any claim which includes all the features of one or more other claims (claim in dependent form, hereinafter referred to as “dependent claim”) shall do so by a reference, if possible at the beginning, to the other claim or claims and shall then state the additional features claimed.

Tags: Dependent Claims, International Patent, pct claims